S T A T E   O F   N E W   Y O R K
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                                  4119

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced by M. of A. BRENNAN, COLTON, MAISEL -- read once and referred
  to the Committee on Cities

AN ACT to amend the county law, the New York city charter and the admin-
  istrative  code  of  the  city of New York, in relation to the adjudi-
  cation of violations of laws enforced by the New York city  department
  of consumer affairs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 4 of section 918 of the county  law,  as  sepa-
rately  amended  by chapters 419 and 473 of the laws of 1988, is amended
to read as follows:
  4. Any other laws to the contrary notwithstanding, the county clerk in
each of the counties within the city  of  New  York  is  authorized  and
empowered  to  maintain  separate judgment docket volumes containing the
printed transcript or transcripts, in strict alphabetical order of judg-
ment made, entered, and docketed in the civil court of the city  of  New
York  against individuals, corporations, and other entities on behalf of
the parking violations bureau, the environmental control board, the taxi
and limousine commission, THE DEPARTMENT OF CONSUMER  AFFAIRS,  and  the
commissioner  of  jurors  of  the city of New York. These volumes may be
maintained in the form of computer print outs which  shall  contain  the
date  of  judgment,  the  name  and  address  of  the judgment debtor or
debtors, the amount of the judgment, and  other  information  which  the
county  clerk may deem necessary to sufficiently describe the parties to
the action or proceeding or nature or the manner of  the  entry  of  the
judgment.  Provided, however, with respect to judgments on behalf of the
parking  violations  bureau,  the  county  clerk  may,  in  his  OR  HER
discretion, in lieu of such volumes, maintain the aforementioned data in
a  micrographic  or  computer retrievable format.  With respect to judg-
ments on behalf of the parking violations bureau, such volumes or  other
format  shall  be maintained pursuant to this subdivision for only those

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05041-01-9
              

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individuals, corporations, and other entities having vehicles registered
in the counties within the city of New York.
  S  2.  The  New  York  city charter is amended by adding a new section
2203-a to read as follows:
  S 2203-A. CIVIL PENALTY ADJUDICATION. (A) THE DEPARTMENT SHALL CONDUCT
PROCEEDINGS FOR THE ADJUDICATION OF VIOLATIONS OF THE LAWS AND RULES THE
ENFORCEMENT OF WHICH ARE  WITHIN  THE  JURISDICTION  OF  THE  DEPARTMENT
PURSUANT  TO  THE  CHARTER,  THE  ADMINISTRATIVE CODE, OR ANY OTHER LAW,
GENERAL, SPECIAL, OR LOCAL AND SHALL HAVE THE POWER TO RENDER  DECISIONS
AND  ORDERS AND TO IMPOSE CIVIL PENALTIES FOR SUCH VIOLATIONS. EXCEPT TO
THE EXTENT THAT DOLLAR LIMITS ARE OTHERWISE SPECIFICALLY PROVIDED,  SUCH
CIVIL   PENALTIES  SHALL  NOT  EXCEED  FIVE  HUNDRED  DOLLARS  FOR  EACH
VIOLATION.
  (B) SUCH PROCEEDINGS  SHALL  BE  CONDUCTED  IN  ACCORDANCE  WITH  THIS
SECTION AND WITH RULES PROMULGATED BY THE COMMISSIONER.
  (C) ALL SUCH PROCEEDINGS SHALL BE COMMENCED BY THE SERVICE OF A NOTICE
OF  VIOLATION.  THE COMMISSIONER SHALL PRESCRIBE THE FORM AND WORDING OF
NOTICES OF VIOLATION. THE NOTICE OF  VIOLATION  OR  COPY  THEREOF,  WHEN
FILLED  IN  AND SERVED, SHALL CONSTITUTE NOTICE OF THE VIOLATION CHARGED
AND, IF SWORN TO OR AFFIRMED, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN.   IN ADDITION TO SERVING THE  NOTICE  ON  THE  PERSON
BEING CHARGED, WHERE WRITTEN AUTHORIZATION IS FILED WITH THE DEPARTMENT,
THE DEPARTMENT SHALL DELIVER BY FIRST CLASS MAIL A COPY OF THE NOTICE TO
THE  CORPORATE  HEADQUARTERS  OR  WHOLESALE SUPPLIER OF THE PERSON BEING
SERVED. SUCH NOTICE BY MAIL SHALL PROVIDE A RESPONDENT WITH THE  MINIMUM
PERIOD  OF  TIME  TO  RESPOND  PROVIDED  FOR  IN SUBDIVISION (E) OF THIS
SECTION.
  (D) THE NOTICE OF VIOLATION SHALL  CONTAIN  INFORMATION  ADVISING  THE
PERSON  CHARGED  OF  THE  MANNER  AND  THE TIME IN WHICH SUCH PERSON MAY
EITHER ADMIT OR DENY THE VIOLATION CHARGED IN THE NOTICE. SUCH NOTICE OF
VIOLATION SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSON CHARGED THAT
FAILURE TO PLEAD IN THE MANNER AND TIME STATED IN THE NOTICE MAY  RESULT
IN  A  DEFAULT DECISION AND ORDER BEING ENTERED AGAINST SUCH PERSON. THE
ORIGINAL OR A COPY OF  THE  NOTICE  OF  VIOLATION  SHALL  BE  FILED  AND
RETAINED  BY  THE  DEPARTMENT  AND  SHALL BE DEEMED A RECORD KEPT IN THE
ORDINARY COURSE OF BUSINESS.
  (E) WHERE A RESPONDENT HAS FAILED TO PLEAD WITHIN THE TIME ALLOWED  BY
THE  RULES  OF  THE COMMISSIONER OR HAS FAILED TO APPEAR ON A DESIGNATED
HEARING DATE OR A SUBSEQUENT DATE FOLLOWING AN ADJOURNMENT, SUCH FAILURE
TO PLEAD OR APPEAR SHALL BE DEEMED, FOR ALL PURPOSES, TO BE AN ADMISSION
OF LIABILITY AND SHALL BE GROUNDS FOR RENDERING A DEFAULT  DECISION  AND
ORDER  IMPOSING A PENALTY IN THE MAXIMUM AMOUNT PRESCRIBED UNDER LAW FOR
THE VIOLATION CHARGED.
  (F) ANY FINAL ORDER IMPOSING A CIVIL PENALTY, WHETHER THE ADJUDICATION
WAS HAD BY HEARING OR UPON DEFAULT  OR  OTHERWISE,  SHALL  CONSTITUTE  A
JUDGMENT  THAT MAY BE ENTERED IN THE CIVIL COURT OF THE CITY OF NEW YORK
OR ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS WITHIN  THE
STATE,  AND MAY BE ENFORCED WITHOUT COURT PROCEEDINGS IN THE SAME MANNER
AS  THE  ENFORCEMENT  OF  MONEY  JUDGMENTS  ENTERED  IN  CIVIL  ACTIONS;
PROVIDED,  HOWEVER, THAT NO SUCH JUDGMENT SHALL BE ENTERED WHICH EXCEEDS
THE SUM OF TWENTY-FIVE THOUSAND DOLLARS FOR EACH RESPONDENT.
  (G) NOTWITHSTANDING THE FOREGOING PROVISION, BEFORE A  JUDGMENT  BASED
UPON  A DEFAULT MAY BE SO ENTERED, THE DEPARTMENT MUST HAVE NOTIFIED THE
RESPONDENT BY FIRST CLASS MAIL IN SUCH  FORM  AS  THE  COMMISSIONER  MAY
DIRECT:  (I)  OF THE DEFAULT DECISION AND ORDER AND THE PENALTY IMPOSED;
(II) THAT A JUDGMENT WILL BE ENTERED IN THE CIVIL COURT OF THE  CITY  OF

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NEW  YORK  OR  ANY OTHER PLACE PROVIDED FOR THE ENTRY OF CIVIL JUDGMENTS
WITHIN THE STATE OF NEW YORK; AND (III) THAT ENTRY OF SUCH JUDGMENT  MAY
BE  AVOIDED  BY  REQUESTING  A  STAY OF DEFAULT FOR GOOD CAUSE SHOWN AND
EITHER  REQUESTING A HEARING OR ENTERING A PLEA PURSUANT TO THE RULES OF
THE COMMISSIONER WITHIN THIRTY DAYS OF THE MAILING OF SUCH NOTICE.    IN
ADDITION  TO  NOTIFYING  THE  RESPONDENT, WHERE WRITTEN AUTHORIZATION IS
FILED WITH THE DEPARTMENT, THE DEPARTMENT SHALL DELIVER BY  FIRST  CLASS
MAIL  A  COPY  OF  THE NOTICE TO THE CORPORATE HEADQUARTERS OR WHOLESALE
SUPPLIER OF THE PERSON BEING NOTIFIED. SUCH NOTICE BY MAIL SHALL PROVIDE
THE MINIMUM PERIOD OF TIME TO RESPOND AS SET FORTH IN THIS SUBDIVISION.
  (H) A JUDGMENT ENTERED PURSUANT TO SUBDIVISION  (F)  OF  THIS  SECTION
SHALL REMAIN IN FULL FORCE AND EFFECT FOR EIGHT YEARS.
  (I)  THE DEPARTMENT SHALL NOT ENTER ANY FINAL DECISION OR ORDER PURSU-
ANT TO THE PROVISIONS OF SUBDIVISION (F)  OF  THIS  SECTION  UNLESS  THE
NOTICE  OF  VIOLATION  SHALL  HAVE  BEEN SERVED IN THE SAME MANNER AS IS
PRESCRIBED FOR SERVICE OF PROCESS BY ARTICLE THREE OF THE CIVIL PRACTICE
LAW AND RULES OR ARTICLE THREE OF THE BUSINESS  CORPORATION  LAW  OR  AS
PROVIDED IN SUBDIVISION (J) OF THIS SECTION.
  (J)  (1)  SERVICE  OF  A NOTICE OF VIOLATION MAY BE MADE BY DELIVERING
SUCH NOTICE TO A PERSON EMPLOYED BY THE RESPONDENT ON OR  IN  CONNECTION
WITH  THE  PREMISES WHERE THE VIOLATION OCCURRED OR TO A PERSON EMPLOYED
BY THE RESPONDENT AT THE  PREMISES  AT  WHICH  THE  RESPONDENT  ACTUALLY
CONDUCTS THE BUSINESS THE OPERATION OF WHICH GAVE RISE TO THE VIOLATION.
  (2)  SUCH  NOTICE  MAY  ONLY BE DELIVERED PURSUANT TO PARAGRAPH ONE OF
THIS SUBDIVISION WHERE A REASONABLE ATTEMPT HAS  BEEN  MADE  TO  DELIVER
SUCH  NOTICE  TO A PERSON IN SUCH PREMISES UPON WHOM SERVICE MAY BE MADE
AS PROVIDED FOR BY ARTICLE THREE OF THE CIVIL PRACTICE LAW AND RULES  OR
ARTICLE THREE OF THE BUSINESS CORPORATION LAW.
  (3)  WHEN  A  COPY OF SUCH NOTICE HAS BEEN DELIVERED PURSUANT TO PARA-
GRAPH ONE OF THIS SUBDIVISION, A COPY SHALL BE MAILED TO THE  RESPONDENT
AT  SUCH  RESPONDENT'S LAST KNOWN RESIDENCE OR BUSINESS ADDRESS OR TO AN
ADDRESS CONTAINED IN THE FILES OF THE DEPARTMENT COMPILED AND MAINTAINED
FOR THE PURPOSE OF THE ENFORCEMENT OF THE PROVISIONS OF THE  CHARTER  OR
ADMINISTRATIVE CODE OR OTHER LAW OVER WHICH THE DEPARTMENT HAS JURISDIC-
TION.
  (4)  PROOF OF SERVICE MADE PURSUANT TO THIS SUBDIVISION SHALL BE FILED
WITH THE COMMISSIONER WITHIN  TWENTY  DAYS  OF  SERVICE  IN  THE  MANNER
PRESCRIBED; SERVICE SHALL BE COMPLETE TEN DAYS AFTER SUCH FILING.
  (K)  THE  REMEDIES  AND PENALTIES PROVIDED IN THIS SECTION SHALL BE IN
ADDITION TO ANY REMEDIES OR PENALTIES  PROVIDED  UNDER  ANY  OTHER  LAW,
INCLUDING,   BUT   NOT   LIMITED  TO,  CIVIL  OR  CRIMINAL  ACTIONS  AND
PROCEEDINGS.
  S 3. Subdivision a of section 20-701 of the administrative code of the
city of New York is amended to read as follows:
  a. Deceptive  trade  practice.  Any  false,  falsely  disparaging,  or
misleading oral or written statement, visual description or other repre-
sentation of any kind made in connection with the sale, lease, rental or
loan or in connection with the offering for sale, lease, rental, or loan
of consumer goods or services, or in the extension of consumer credit or
in the collection of consumer debts, which has the capacity, tendency or
effect  of  deceiving or misleading consumers. Deceptive trade practices
include but are not  limited  to:  (1)  representations  that  goods  or
services   have  sponsorship,  approval,  accessories,  characteristics,
ingredients, uses, benefits, or quantities that they do  not  have;  the
supplier has a sponsorship, approval, status, affiliation, or connection
that  he  or  she  does  not have; goods are original or new if they are

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deteriorated, altered,  reconditioned,  reclaimed,  or  secondhand;  or,
goods or services are of a particular standard, quality, grade, style or
model,  if  they  are  of  another;  (2) the use, in any oral or written
representation,  of exaggeration, innuendo or ambiguity as to a material
fact or failure to state a material fact if such use deceives  or  tends
to  deceive; (3) disparaging the goods, services, or business of another
by false or misleading representations of material facts;  (4)  offering
goods  or services with intent not to sell them as offered; (5) offering
goods or services with intent not to supply reasonable expectable public
demand, unless the offer discloses to limitation of  quantity;  and  (6)
making  false  or  misleading  representations  of  fact  concerning the
reasons for, existence of, or amounts of price reductions, or  price  in
comparison  to  prices  of  competitors  or one's own price at a past or
future time; (7) stating that a consumer transaction  involves  consumer
rights,  remedies  or  obligations that it does not involve; (8) stating
that services, replacements or repairs are needed if they are  not;  (9)
FAILING  TO  PUBLICLY REVEAL AND DISPLAY IN ENGLISH, AS REQUIRED BY LAW,
THE TRUE NAME OF THE PROPRIETORS OR OWNERS OF ANY SHOP, STORE  OR  OTHER
ESTABLISHMENT OR SERVICE; and [(9)] (10) falsely stating the reasons for
offering or supplying goods or services at scale discount prices.
  S 4. This act shall take effect immediately.